Legal Question in Wills and Trusts in Missouri

Re: Contest the will of a parent

Certainly you have a right to view the will, if it is offered for probate. What County did your father reside in when he passed?

Are you or any of your siblings a minor? If so, they have special rights that come before any will devises to girlfriends. Has an estate already been opened? If so, in which county.

Did the girlfriend's attorney tell you when this will was supposedly executed (signed)? How was your father's health in the seven months prior to his passing?

You and your siblings should be able to get enough information to find out if you are getting cheated, for just around a $1,000. But, you can't use the money from your father's estate until improper actions are proved.

You may certainly call, write or email me to discuss this further, and to provide the information I have already asked for.

Tony Smith 816-537-9770

Re: Contest the will of a parent

In the first place, if there was a Will, it should be filed in the County where your father resided at the time of his death or in the County where he owned real estate. You could check with the Probate court in that County to see if the Will has been filed, and if so, you would certainly be able to read it for yourself. If there are no specific bequests made to you in the Will you may still stand to inherit under the provisions of the Probate Code (Missouri statutes). If you are aware of when the Will was made and the circumstances surrounding the making of the Will, you may elect to contest the Will as invalid due to it's being made by your father while under duress, under "undue influence" or perhaps even at a time when he was of unsound mind. There are of course various other grounds upon which a Will might be challenged. Even though the size of the estate is relatively small compared to some, I would strongly advise you to consult with an experienced attorney in your area before taking any action. Any fees you are required to pay will be well worth knowing whether or not you are entitled to anything, and well worth knowing exactly what will be required for you to receive whatever you are entitled to in this matter. Even if it turns out that you are not entitled to anything or that it would not make practical sense to engage in a legal battle, you will have the benefit of knowing your rights and your options and making an informed decision. If you are located in the Eastern half of the state, I may be able to help you. You may call me for a free telephone consultation at 314-727-2822. In any event, please accept my condolences for your loss and good luck.

Re: Contest the will of a parent

Based on the information you provided, it sounds like you may want to contest the will. Contesting the will is simply a fancy way of saying that you do not think the will is valid. Since your father did not marry his girlfriend, her only entitlement to his estate would be though a will. The first thing I would do is ask the attorney for a copy of the will. If you have a copy of the will you may be able to tell if your father's signature is legitimate and you will also see when the will was signed by your father. If he was in poor health at the time he signed the will, you may be able to argue that he was under duress when he signed it or was not of sound mind. If the will is found invalid, then your father's estate would pass in equal shares to you and your brother and sisters. Since it sounds like the girlfriend's attorney has not opened a probate matter for your father's estate, you should keep in mind that the will can either be filed in the county where your father resided at the time of his death or in the county where he owned the majority of his real estate, if any. If the will has been filed with the probate court, you should ask her attorney what county it was filed in and you can obtain copies of the will and other court documents in that manner. Given the amount of the estate, it is worth your time and money to at least hire an attorney to review the will and circumstances surrounding it's execution to see if you have a valid reason to contest the will. You could have this initial analysis taken care of for less than $1000. If the will appears in all ways to be valid, you can rest assured with the knowledge that a probate attorney reviewed the will and believed it to be valid. If the will appears to be invalid, you (and perhaps your siblings) will have to decide if you wish to contest the will given the unique factual circumstances of your case. In addition to the above, there is always the possibility of reaching an agreeable settlement of your father's estate with his girlfriend. (of course, any settlement has to be approved by the probate court) This sometimes works well and avoids the cost of a prolonged legal battle. If you are located in the western half of the state I would be happy to assist you in making an initial review of the will's validity, working to negotiate a settlement of the estate, and/or contesting the will if necessary. Feel free to contact me via telephone to discuss this further.